DEPARTMENT OF HUMAN SERVICES AGING AND PEOPLE WITH DISABILITIES OREGON ADMINISTRATIVE RULES CHAPTER 411 DIVISION 50

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1 DEPARTMENT OF HUMAN SERVICES AGING AND PEOPLE WITH DISABILITIES OREGON ADMINISTRATIVE RULES CHAPTER 411 DIVISION 50 ADULT FOSTER HOMES - LICENSURE OF ADULT FOSTER HOMES FOR ADULTS WHO ARE OLDER OR ADULTS WITH PHYSICAL DISABILITIES (Repealed 9/1/2013) (Repealed 1/1/2011) Purpose (Temporary Effective 1/1/2018 to 6/29/2018) (1) The purpose of the rules in OAR chapter 411, division 050 is to establish the minimum standards and procedures for adult foster homes that provide care and services for adults who are older or adults with physical disabilities in a homelike environment that is safe and secure. (2) Adult foster homes (a) Provide necessary care and services through a cooperative relationship between the resident (or court-appointed guardian) and the resident's care providers that emphasizes the resident's independence. (b) Care and services are provided in a setting that protects and encourages resident dignity, choice, and decision-making while addressing the needs of the resident in a manner that supports and enables the residents to maximize their ability to function at the highest level of independence possible. Stat. Auth.: ORS , , , , , , , , , , , Stats. Implemented: ORS , , , Page 1

2 Definitions (Temporary Effective 1/1/2018 to 6/29/2018) Unless the context indicates otherwise, the following definitions apply to the rules in OAR chapter 411, division 050: (1) "AAA" means an Area Agency on Aging, which is an established public agency within a planning and service area designated under Section 305 of the Older Americans Act that has responsibility for local administration of programs within the Department of Human Services. For the purpose of these rules, Type B AAAs contract with the Department to perform specific activities in relation to licensing adult foster homes, including processing applications, conducting inspections and investigations, issuing licenses, and making recommendations to the Department regarding adult foster home license denial, revocation, suspension, non-renewal, and civil penalties. (2) "Abuse" means "abuse" as defined in OAR (Adult Protective Services). (3) "Activities of Daily Living (ADL)" mean the personal, functional activities described in OAR required by an individual for continued well-being, which are essential for health and safety. Activities include eating, dressing and grooming, bathing and personal hygiene, mobility, elimination, and cognition. (4) "Adult Foster Home (AFH)" means any family home or other facility where residential care is provided in a homelike environment for compensation to five or fewer adults who are not related to the licensee, resident manager, or floating resident manager, by blood, marriage, or adoption and who are 65 years of age or older or an adult with a physical disability. Adult foster homes are home and community-based settings as defined in OAR chapter 411, division 004. For the purpose of these rules (a) "Adult foster home" does not include any house, institution, hotel, or other similar living situation that supplies room or board only, if no resident thereof requires any element of care. Page 2

3 (b) "Facility" and "Home" are synonymous with the term "Adult Foster Home". (5) "Advance Directive" or "Advance Directive for Health Care" means the legal document signed by a resident that provides health care instructions in the event the resident is no longer able to give directions regarding his or her wishes. The directive gives the resident the means to control his or her own health care in any circumstance. "Advance Directive for Health Care" does not include Physician Orders for Life-Sustaining Treatment (POLST). (6) "Applicant" means a person who completes an application for an adult foster home license or who completes an application to become a resident manager, floating resident manager, or shift caregiver. "Applicant" is synonymous with "Co-applicant". (7) "Background Check" means a criminal records check and abuse check as defined in OAR An approved "Background Check" means a final determination, made by an authorized agency or district, that the subject individual is fit to (a) Hold a position, paid or not paid; (b) Obtain or retain credentials; (c) Have direct access to; or (d) Otherwise provide services necessary for the health, welfare, maintenance or protection of an individual. (8) "Background Check Rules" means the rules in OAR to (9) "Back-Up Provider" means a licensee, approved resident manager, or approved floating resident manager who does not live in the home, who has agreed to oversee the operation of an adult foster home, of the same license classification or higher, in the event of an emergency. (10) "Behavioral Interventions" mean those interventions that modify a resident's behavior or a resident's environment. Page 3

4 (11) "Board of Nursing Rules" means the standards and practice for licensed practical nurses and registered nurses to teach and delegate to unlicensed persons according to the statutes and rules of the Oregon State Board of Nursing, ORS to and OAR chapter 851, division 045 and 047. (12) "Care" means the provision of assistance with activities of daily living to promote a resident's maximum independence and enhance the resident's quality of life. "Care" includes, but is not limited to, assistance with bathing, dressing, grooming, eating, money management, recreation, and medication management excluding assistance with self-medication. (13) "Caregiver" means any person providing care and services to residents. (See Qualified Caregiver ). (14) "Care Plan" means a licensee's written description of a resident's needs, preferences, and capabilities, including by whom, when, and how often care and services are to be provided. (15) "CMS" means the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services. (16) "Classification" means a designation of license assigned to a licensee based on the qualifications of the licensee, resident manager, floating resident manager, and shift caregivers, as applicable. (17) "Code of Federal Regulations" or "CFR" means the codification of the rules and regulations published in the Federal Register, and produced by the executive departments and agencies of the federal government of the United States. (18) "Compensation" means monetary or in-kind payments by or on behalf of a resident to a licensee in exchange for room, board, care, and services. "Compensation" does not include the voluntary sharing of expenses between or among roommates. (19) "Complaint" means an allegation of abuse, a violation of these rules, or an expression of dissatisfaction relating to a resident or the condition of an adult foster home. Page 4

5 (20) "Condition" means a provision attached to a new or existing license that limits or restricts the scope of the license or imposes additional requirements on the licensee. (21) "Consumer" means an individual eligible for Medicaid services for whom case management services are provided by the Department. (22) "Day Care" means care, assistance, and supervision of an individual who is older, as defined in these rules, who does not stay overnight. (23) "Delegation" means the process where a registered nurse teaches and supervises a nursing procedure to an unlicensed person. The Oregon State Board of Nursing defines an unlicensed person as any caregiver or certified nursing assistant (CNA). (See OAR chapter 851, division 047.) (24) "Department" means the Department of Human Services (DHS) unless otherwise specified. (25) "Designated Representative" means: (a) Any adult, such as a parent, family member, guardian, advocate, or other person who is: (A) Chosen by the individual, or as applicable the legal representative; (B) Not a paid provider for the individual; and (C) Authorized by the individual, or as applicable the legal representative, to serve as the representative of the individual, or as applicable the legal representative, in connection with the provision of funded supports. (b) The power to act as a designated representative is valid until the individual modifies the authorization or notifies the agency that the designated representative is no longer authorized to act on his or her behalf. (c) An individual, or as applicable the legal representative, is not required to appoint a designated representative. Page 5

6 (26) "Director" means the Director of the Department of Human Services or that person's designee. (27) "Disability" means a physical, cognitive, or emotional impairment, which for an individual, constitutes or results in a functional limitation in one or more activities of daily living. (28) "Disaster" means a sudden emergency occurrence beyond the control of the licensee, whether natural, technological, or man-made that renders the licensee unable to operate the facility or renders the facility uninhabitable on a temporary, extended, or permanent basis. (29) "Emergency Preparedness Plan" means a written procedure that identifies a facility's response to an emergency or disaster for the purpose of minimizing loss of life, mitigating trauma, and to the extent possible, maintaining services for residents, and preventing or reducing property loss. (30) "Entity" means an individual, a trust or estate, a partnership, a corporation (including associations, joint stock companies, and insurance companies), a state, or a political subdivision or instrumentality, including a municipal corporation. (31) "Exclusion Lists" mean the following federal lists that exclude listed individuals from receiving federal awards, not limited to Medicaid and Medicare programs: (a) The U.S. Office of Inspector General's Exclusion List at and (b) The U.S. General Services Administration's System for Award Management Exclusion List at (32) "Exempt Area" means a county where there is a county agency that provides similar programs for licensing and inspection of adult foster homes that the Director finds are equal or superior to the requirements of ORS to and that the Director has exempted from the license, inspection, and fee provisions of ORS to "Exempt area" Page 6

7 county licensing rules require review and approval by the Director before implementation. (33) "Family Member" means spouses in a legally recognized marriage or domestic partnership, natural parent, child, sibling, adopted child, adoptive parent, adoptive sibling, stepparent, stepchild, stepbrother, stepsister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, grandchild, aunt, uncle, niece, nephew, or first cousin. (34) "Final Point of Safety" means a designated assembly area located on a public sidewalk or street not less than 50 feet away from an adult foster home where occupants of the home evacuate to in the event of an emergency. (35) "Floating Resident Manager" means an employee of the licensee, approved by the local licensing authority, who under the direction of the licensee, is directly responsible for the care of residents in one or more adult foster homes owned by that licensee. A "floating resident manager" is not required to live in any one adult foster home owned by his or her employer, except on a temporary basis, as directed by the licensee, when the regularly scheduled caregiver is unavailable. (36) "Home and Community-Based Services" or "HCBS" means Home and Community-Based Services as defined in OAR chapter 411, division 004. (37) "Home and Community-Based Settings" or "HCB Settings" means a physical location meeting the qualities of OAR where an individual receives Home and Community-Based Services. (38) "Homelike" means an environment that promotes the dignity, security, and comfort of residents through the provision of personalized care and services, and encourages independence, choice, and decision-making by the residents. (39) "House Policies" or the "Home's Policies" means the written and posted statements addressing house activities in an adult foster home identified in the Residency Agreement. Page 7

8 (40) "Indirect Ownership Interest" means an ownership interest in an entity that has an ownership interest in the disclosing entity. (41) "Individual" means an adult who is at least 65 years of age, or is an adult with physical disabilities who is receiving Home and Community- Based Services. For Home and Community-Based Settings, "Resident" includes individuals receiving day care services. (42) "Individually-Based Limitation" or "Limitation" means any limitation to the qualities outlined in OAR (1)(d) and (2)(d) to (2)(j) due to health and safety risks. An individually-based limitation is based on specific assessed need and only implemented with the informed consent of the resident or, as applicable, the legal representative of the resident, as described in OAR (43) "Informed Consent" means: (a) Options, risks, and benefits have been explained to the individual and, as applicable the legal representative of the individual, in a manner that the individual, and as applicable, the representative, comprehends; and (b) The individual or, as applicable, the legal representative of the individual, consents to a person-centered service plan of action, including any individually-based limitations to the rules, before implementation of the initial or updated person-centered service plan or any individually-based limitation. (44) "Initial Point of Safety" means a designated area that has unobstructed direct access to a public sidewalk or street located not less than 25 feet away from an adult foster home where occupants of the home evacuate to in the event of an emergency and for the purpose of conducting evacuation drills. (45) "Investigative Authority" means the Office of Adult Abuse Prevention and Investigation, local Department offices, and Area Agencies on Aging that contract with the Department to provide adult protective services to adults who are older or adults with physical, mental, or developmental disabilities. Page 8

9 (46) "Legal Representative" means a person who has the legal authority to act for an individual. The legal representative only has authority to act within the scope and limits of his or her authority as designated by the court or other agreement. (a) Legal representatives acting outside of their authority or scope must meet the definition of designated representative. (b) For an individual 18 years of age or older, a guardian appointed by a court order or an agent legally designated as the health care representative, where the court order or the written designation provide authority for the appointed or designated person to make the decisions indicated where the term "legal representative" is used in this rule. (47) "Level" means the designation of ventilator-assisted care assigned to an adult foster home license based on the qualifications of the licensee, resident manager, floating resident manager, and shift caregivers, as applicable. (48) "Licensed Health Care Professional" means a person who possesses a professional medical license that is valid in Oregon. Examples include, but are not limited to, a registered nurse (RN), nurse practitioner (NP), licensed practical nurse (LPN), medical doctor (MD), osteopathic physician (DO), respiratory therapist (RT), physical therapist (PT), physician assistant (PA), or occupational therapist (OT). (49) "Licensee" means the person who was issued a license, whose name is on the license, and who is responsible for the operation of an adult foster home. The "licensee" of the adult foster home does not include the owner or lessor of the building where the adult foster home is situated unless the owner or lessor of the building is also the operator. "Licensee" is synonymous with "Co-Licensee" as defined in these rules. (50) "Limited Adult Foster Home" means a home that provides care and services for compensation to a specific individual who is unrelated to the licensee but with whom the licensee has an established relationship of no less than one year. Page 9

10 (51) "Liquid Resource" means cash or those assets that may readily be converted to cash, such as a life insurance policy that has a cash value, stock certificates, or a guaranteed line of credit from a financial institution. (52) "Local Licensing Authority" means the local Department offices and Area Agencies on Aging that contract with the Department to perform specific functions of the adult foster home licensing process. (53) "Nursing Care" means the practice of nursing by a licensed nurse, including tasks and functions relating to the provision of "nursing care" that are taught or delegated under specified conditions by a registered nurse to a person other than licensed nursing personnel, as governed by ORS chapter 678 and rules adopted by the Oregon State Board of Nursing in OAR chapter 851. (54) "Occupant" means any person residing in or using the facilities of an adult foster home, including residents, licensees, resident manager, friends or family members, day care individuals, and room and board tenants. A floating resident manager who resides in an adult foster home on a temporary basis is considered an "occupant". (55) "Older" means any person at least 65 years of age. (56) "Ombudsman" means the Oregon Long-Term Care Ombudsman or a designee appointed by the Long-Term Care Ombudsman to serve as a representative of the Ombudsman Program in order to investigate and resolve complaints on behalf of adult foster home residents. (57) "Operator" is synonymous with "Licensee" as defined in this rule. (58) "Ownership Interest" means the possession of equity in the capital, stock, or profits of an adult foster home. Persons with an ownership or control interest mean a person or corporation that: (a) Has an "ownership interest" totaling five percent or more in a disclosing entity; (b) Has an indirect ownership interest equal to five percent or more in a disclosing entity; Page 10

11 (c) Has a combination of direct and indirect ownership interests equal to five percent or more in a disclosing entity; (d) Owns an interest of five percent or more in any mortgage, deed of trust, note, or other obligation secured by the disclosing entity if that interest equals at least five percent of the value of the property or assets of the disclosing entity; (e) Is an officer or director of a disclosing entity that is organized as a corporation; or (f) Is a partner in a disclosing entity that is organized as a partnership. (59) "Person-Centered Service Plan" has the meaning given in OAR chapter 411, division 004. (a) FOR MEDICAID CONSUMERS. The person-centered service plan coordinator completes the person-centered service plan. (b) FOR NON-MEDICAID CONSUMERS. The person-centered service plan may be completed by the resident, and as applicable, the representative of the individual, and others as chosen by the individual. The licensee may assist non-medicaid individuals in developing person-centered service plans when no alternative resources are available. The elements of the individual's personcentered service plan may be incorporated into the resident's care plan. (60) "Person-Centered Service Plan Coordinator" means case managers, services coordinators, personal agents, and other people designated by DHS or OHA to provide case management services or person-centered service planning for and with individuals. (61) "Prescribing Practitioner" means a physician, nurse practitioner, physician assistant, chiropractor, dentist, ophthalmologist, or other healthcare practitioner with prescribing authority. (62) "Primary Caregiver" means one or any combination of a licensee, resident manager, or shift caregivers who personally provide care and Page 11

12 services, and safeguards the health and safety of residents a minimum of five 24-hour days per week. (63) "PRN" is a Latin term (pro re nata), means "as needed." It describes medications and treatments that have been ordered by a prescribing practitioner to be administered as needed when the resident exhibits or expresses signs or symptoms related to the reason the medication was ordered. (64) "Provider" means any person operating an adult foster home (i.e., licensee, resident manager, floating resident manager, or shift caregiver). "Provider" does not include substitute caregivers or the owner or lessor of the building where the adult foster home is situated unless the owner or lessor is also the operator of the adult foster home. (65) "Provisional License" means a 60-day license issued in an emergency situation when a licensed provider is no longer overseeing the operation of an adult foster home. A provisional license is issued to a qualified person who meets the standards of OAR and OAR , except for completing the training and testing requirements. (See OAR ). (66) "Psychotropic Medication" means any drug that affects the brain activities associated with mental processes and behavior. These drugs include, but are not limited to, drugs in the following categories: (a) Anti-psychotic. (b) Anti-depressant. (c) Anti-anxiety. (d) Hypnotic. (67) "Qualified Caregiver" means an individual who has fully satisfied and maintained the requirements to be a licensee, resident manager, floating resident manager, shift caregiver or substitute caregiver. (See "Caregiver"). (68) QED means qualified entity designee as defined in OAR A QED may be a licensee who is approved by the Department s Page 12

13 Background Check Unit to handle background checks on behalf of the local licensing authority. (69) "Relative" means those persons identified as family members as defined in this rule. (70) "Representative" means "Designated Representative" and "Legal Representative" as defined in these rules, unless otherwise stated. (71) "Reside" means for a person to live in an adult foster home for a permanent or extended period of time. For the purpose of a background check, a person is considered to "reside" in a home if the person's visit is four weeks or greater. (72) "Residency Agreement" or "Agreement" means the written and legally enforceable agreement between an adult foster home licensee and an individual receiving Home and Community Based Services (HCBS), or representative of the individual, in a provider owned, controlled, or operated setting. The Residency Agreement identifies the policies of the home, services to be provided, and the rights and responsibilities of the individual, and the licensee. The Residency Agreement provides the individual protection from eviction substantially equivalent to landlord-tenant laws. (73) "Resident" means an adult who is at least 65 years of age, or an adult with a physical disability who is receiving room and board and care and services in an adult foster home on a 24-hour day basis in exchange for compensation. For the purposes of this definition, Resident includes individuals receiving day care services. (See OAR ). (74) "Resident Manager" means an employee of the licensee, approved by the local licensing authority, who lives in the adult foster home, and is directly responsible for the care of the residents. (75) "Resident Rights" or "Rights" means civil, legal, or human rights, including, but not limited to, those rights listed in the Adult Foster Home Resident s Bill of Rights and HCBS freedoms. (See ORS and OAR ). (76) "Residential Care" means the provision of care on a 24-hour day basis. Page 13

14 (77) "Restraint" means restraint as defined in OAR (19): (a) Physical restraints are any manual method or physical or mechanical device, material, or equipment attached to or adjacent to the resident s body that the resident cannot remove easily, which restricts freedom of movement or normal access of the resident to the resident s body. Any manual method includes physically restraining a person by manually holding the person in place. (b) Chemical restraints are any substance or drug used for the purpose of discipline or convenience that has the effect of restricting the individual s freedom of movement or behavior and is not used to treat the resident s medical or psychiatric condition. (78) "Room and Board" means receiving compensation for the provision of meals, a place to sleep, laundry, and housekeeping to adults who are older or adults with physical disabilities and who do not need assistance with activities of daily living. Room and board facilities for two or more persons are required to register with the Department under the rules in OAR chapter 411, division 068, unless registered with the local authority having jurisdiction. Adult foster homes with room and board tenants are not subject to OAR chapter 411, division 068. (79) "Safety, Oversight and Quality Unit" or "SOQ" is a program within the Department s Aging and People with Disabilities office. (80) "Screening" means the evaluation process used to identify an individual's ability to perform activities of daily living and address health and safety concerns. (81) "Self-Administration of Medication" means the act of a resident placing a medication in or on his or her own body. The resident identifies the medication, the time and manner of administration, and places the medication internally or externally on his or her own body without assistance. (82) "Self-Preservation" in relation to fire and life safety means the ability of a resident to respond to an alarm without additional cues and reach a point of safety without assistance. Page 14

15 (83) "Services" mean activities that help the residents develop skills to increase or maintain the resident's level of functioning or assist the residents to perform personal care, activities of daily living, or individual social activities. (84) "Shift Caregivers" mean caregivers who are responsible for providing care for regularly scheduled periods of time, including, but not limited to, 8 or 12 hours per day or night, in homes where there is no licensee or resident manager living in the home. (85) "Subject Individual" has the meaning as given in OAR , and means any person 16 years of age or older, including: (a) All licensed adult foster home providers and provider applicants; (b) All persons intending to work in, or currently working in an adult foster home, including, but not limited to, caregivers, including trainees, and licensed healthcare workers when employed by or contracted with the licensee or facility; (c) Volunteers on the home's premises who provide services for, or who have access to, any resident, or any resident's funds, belongings, or confidential information; and (d) Occupants, excluding residents, residing in or on the premises of a proposed or currently licensed adult foster home, including: (A) Household members; (B) Room and board tenants; and (C) Persons staying in the home for a period of four weeks or more. (e) "Subject Individual" does not apply to: (A) Persons under 16 years of age; (B) Residents of the adult foster home or the resident's visitors; Page 15

16 (C) Persons who live or work in or on the adult foster home premises who do not have: (i) Regular access to the home for meals; or (ii) Regular use of the adult foster home's appliances or facilities; or (iii) Unsupervised access to the residents or the residents' personal property. (D) A person providing services to the residents who is employed by a private business not regulated by the Department. (86) "Substantial Compliance" means a level of compliance with these rules where any deficiencies pose no greater risk to resident health or safety than the potential for causing minor harm. (87) "Substitute Caregiver" means any person other than the licensee, resident manager, floating resident manager, or shift caregiver who provides care and services in an adult foster home under the jurisdiction of the Department. (88) "Tenant" means any individual who is residing in an adult foster home who receives services, such as meal preparation, laundry, and housekeeping. (89) "Tenancy Agreement" means a written and legally enforceable agreement between an adult foster home licensee and an adult who is older or an adult with physical disabilities who resides in the home and does not require assistance with any activity of daily living. The agreement specifies the terms and conditions of a room and board residency in the home. (90) "These Rules" mean the rules in OAR chapter 411, division 050. (91) "Variance" means an exception from a regulation or provision of these rules in accordance with OAR Page 16

17 (92) "Ventilator-Assisted Care" means the provision of mechanical assistance to replace spontaneous breathing. Devices used include, but are not limited to, mechanical ventilators, manual ventilators, and positive airway pressure ventilators. (93) "Violation" means an area of non-compliance with these rules. "Violation" is synonymous with "Deficiency". Stat. Auth.: ORS , , , , , , , , , , , Stats. Implemented: ORS , , , , License Required (Temporary Effective 1/1/2018 to 6/29/2018) (1) Any facility that meets the definition of an adult foster home or limited adult foster home in OAR must apply for and obtain a license from the local licensing authority before providing care to any resident for compensation. (2) A person or entity may not represent themselves as operating an adult foster home or accept placement of a resident without being licensed as an adult foster home. (3) LIMITED ADULT FOSTER HOME. Any home that meets the definition of a limited adult foster home in OAR must apply for and obtain a limited license from the local licensing authority before providing care. The license for a limited adult foster home is limited to the care of a specific resident and the licensee must make no other admissions. The resident receiving care is named on the license. Stat. Auth.: ORS , , , , , , , , , , , Stats. Implemented: ORS , , , Initial License Application and Fees (Temporary Effective 1/1/2018 to 6/29/2018) Page 17

18 (1) The applicant must complete the Department's application form for the specific type of license requested and submit the application form to the local licensing authority with the non-refundable fee. (a) The application is not complete until all of the required information is submitted to the local licensing authority. Incomplete applications are void after 60 calendar days from the date the local licensing authority receives the application form and non-refundable fee, and the Department may deny the application if not withdrawn. (b) Failure to provide accurate information may result in the denial of the application. (2) A separate application is required for each location where an adult foster home is to be operated. (3) The license application must include: (a) Complete contact information for the applicant including: (A) A mailing address if different from the proposed adult foster home; and (B) A business address for electronic mail. (b) Verification of attendance at a Department-approved orientation program conducted by the local licensing authority responsible for the licensing of the proposed adult foster home and successful completion of the Department's Ensuring Quality Care Course and examination. (See OAR ); (c) The maximum resident capacity requested; (d) Identification of: (A) Any relatives needing care; (B) The maximum number of any room and board tenants; Page 18

19 (C) The maximum number of day care individuals; and (D) The names of any other occupants in the home. (e) The classification being requested with information and supporting documentation regarding qualifications, relevant work experience, and training of staff as required by the Department. To request a Class 3 license, the license application must include: (A) Proof of at least three years of full-time experience providing direct care to adults who are older or adults with physical disabilities and who required full assistance in four or more of activities of daily living; and (B) Current contact information from at least two licensed health care professionals who have direct knowledge of the applicant's abilities and past experience as a caregiver; or (C) A copy of the applicant's current license as a health care professional in Oregon, if applicable. (f) A Health History and Physician or Nurse Practitioner's Statement (form SDS 903) regarding the applicant's ability to provide care; (g) FINANCIAL INFORMATION. A completed Financial Information Sheet (form SDS 448A). (A) An applicant must have the financial ability and maintain sufficient liquid resources to pay the operating costs of an adult foster home for at least two months without solely relying on potential resident income. (B) Documentation of two months of liquid resources must include: (i) The Department's current Verification of Financial Resources form (SDS 0448F) completed and stamped or notarized by the applicant's financial institution; or Page 19

20 (ii) Documentation on letterhead of the applicant's financial institution, which includes: (I) The last four digits of the applicant's account number; (II) The name of the account holder and, if the account is not in the applicant's name, verification the applicant has access to the account's funds; (III) The highest and lowest balances for each of the most recent three full months; and (IV) The number of any non-sufficient fund (NSF) payments in each of the last three full months, if any; or (iii) Demonstration of cash on hand equal to a minimum of two months of operating expenses. (C) If an applicant uses income from another adult foster home to document possession of at least two months of operating expenses, the applicant must demonstrate the financial ability and maintain sufficient liquid resources to pay the operating costs of each home for at least two months without solely relying on potential resident income. (h) If the home is leased or rented, a copy of the completed lease or rental agreement. The agreement must be a standard lease or rental agreement for residential use and include the following: (A) The owner and landlord's name; (B) Verification that the rent is a flat rate; and (C) The signatures of the landlord and applicant and the date signed; (i) If the applicant is purchasing or owns the home, verification of purchase or ownership; Page 20

21 (j) Documentation of the initiation of a background check or a copy of an approved background check for each subject individual as defined in OAR ; (k) A current and accurate floor plan that indicates: (A) The size of rooms; (B) Which bedrooms are to be used by residents, the licensee, caregivers, for day care, and room and board tenants, as applicable; (C) The location of all the exits on each level of the home, including emergency exits such as windows; (D) The location of any wheelchair ramps; (E) The location of all fire extinguishers, smoke alarms, and carbon monoxide alarms; (F) The planned evacuation routes, initial point of safety, and final point of safety; and (G) Any designated smoking areas in or on the adult foster home premises. (l) If requesting a license to operate more than one home, a plan covering administrative responsibilities and staffing qualifications for each home; (m) A $20 per bed non-refundable fee for each non-relative resident; (n) Three personal references for the applicant who are not family members as defined in OAR Current or potential licensees and co-workers of current or potential licensees are not eligible as personal references; (o) If the applicant intends to use a resident manager, floating resident manager, or shift caregivers, the Department's supplemental Page 21

22 application (form SDS 448B) completed by the applicant, as appropriate; (p) Written information describing the operational plan for the adult foster home including: (A) The use of substitute caregivers and other staff; (B) A plan of coverage for the absence of the primary caregiver; (C) The name of a qualified back-up provider, approved resident manager, or approved floating resident manager who does not live in the home but has been oriented to the home. The applicant must also submit a signed agreement with the listed back-up provider and maintain a copy in the facility records; and (D) The name and contact information for at least one registered nurse (RN) who has agreed to provide nursing consultation, teaching, delegation, and review of medication administration processes for the non-medicaid residents. The licensee must check to confirm the RN has a valid, unencumbered Oregon license with no restrictions on the Oregon State Board of Nursing s website at: (q) Copies of the home's Residency Agreements according to OAR (2). (4) After receipt of the completed application materials including the nonrefundable fee, the local licensing authority must investigate the information submitted including pertinent information received from outside sources, inspect the home, and conduct a personal interview with the applicant. (5) The Department shall deny the issuance of a license if cited violations from the home inspection are not corrected within the time frames specified by the local licensing authority. (6) The applicant may withdraw his or her application at any time during the application process by written notification to the local licensing authority. Page 22

23 (7) An applicant whose license has been revoked, non-renewed, voluntarily surrendered during a revocation or non-renewal process, or whose application for licensure has been denied, shall not be granted a new license by the local licensing authority for a period of not less than one year from the date the action was final, or for a longer period if specified in the final order. (8) All moneys collected under ORS to are paid to the Quality Care Fund. Stat. Auth.: ORS , , , , , , , , , , , Stats. Implemented: ORS , , , Provider Enrollment Agreements, Residency Agreements, and Refunds (Temporary Effective 1/1/2018 to 6/29/2018) (1) MEDICAID PROVIDER ENROLLMENT AGREEMENT. (a) An applicant or licensee who intends to care for residents who are or become eligible for Medicaid services must enter into a Medicaid Provider Enrollment Agreement with the Department, follow Department rules, and abide by the terms of the Medicaid Provider Enrollment Agreement. Prior to each enrollment, the local licensing authority shall confirm that the applicant, licensee, and any owner or officer of the corporation, as applicable, is not listed on either of the Exclusion Lists before approval of a Medicaid Provider Enrollment Agreement. (b) An approved Medicaid Provider Enrollment Agreement does not guarantee the placement of individuals eligible for Medicaid services in the adult foster home. (c) An approved Medicaid Provider Enrollment Agreement is valid for the length of the license unless earlier terminated by the licensee or the Department. A Medicaid Provider Enrollment Agreement must be Page 23

24 completed, submitted, approved, and renewed with each licensing cycle. (d) The rate of compensation established by the Department is considered payment in full. The licensee may not request or accept additional funds or in-kind payment from any source. (e) An individual eligible for Medicaid services may not be admitted into an adult foster home unless and until: (A) The Department has approved a Medicaid Provider Enrollment Agreement. The Department shall not issue a Medicaid payment to a licensee without a current license and an approved Medicaid Provider Enrollment Agreement in place; (B) The individual eligible for Medicaid services has been screened according to OAR ; and (C) The Department has authorized the placement. The authorization must be clearly documented in the resident's record with other required admission materials. (See OAR ). (f) The Department shall not make payment for the date a resident moves from the home, or for any time period thereafter. (g) The licensee must enter into a written agreement with a resident who receives Medicaid services if the licensee charges for storage of belongings that remain in the adult foster home for more than 15 calendar days after the resident has left the home. (A) The written agreement must be consistent with the licensee's policy with private-pay residents and entered into at the time of the resident's admission or at the time the resident becomes eligible for Medicaid services. (B) The licensee must give written notice to the resident and the resident's family or other representatives 30 calendar days before any increases, additions, or other modifications to the charges for storage. Page 24

25 (h) A licensee who elects to provide care for individuals eligible for Medicaid services is not required to admit more than one resident eligible for Medicaid services. However, if the licensee has an approved Medicaid Provider Enrollment Agreement, private-pay residents who become eligible for Medicaid services may not be asked to leave solely on the basis of Medicaid eligibility. (i) The licensee or the Department may terminate a Medicaid Provider Enrollment Agreement according to the terms of the Medicaid Provider Enrollment Agreement. (j) The Department may terminate a Medicaid Provider Enrollment Agreement under the following circumstances: (A) The licensee fails to maintain substantial compliance with all related federal, state, and local laws, ordinances, and regulations; or (B) The license to operate the adult foster home has been voluntarily surrendered, revoked, or non-renewed. (k) The Department must terminate a Medicaid Provider Enrollment Agreement under the following circumstances: (A) The licensee fails to permit access by the Department, the local licensing authority, or the Centers for Medicare and Medicaid Services to any adult foster home licensed to and operated by the licensee; (B) The licensee submits false or inaccurate information; (C) Any person with five percent or greater direct or indirect ownership interest in the adult foster home did not submit timely and accurate information on the Medicaid Provider Enrollment Agreement form or fails to submit fingerprints if required under the Background Check Rules in OAR to ; Page 25

26 (D) Any person with five percent or greater direct or indirect ownership interest in the adult foster home has been convicted of a criminal offense related to the person's involvement with Medicare, Medicaid, or Title XXI programs in the last 10 years; or (E) Any person with an ownership or control interest, or who is an agent or managing employee of the adult foster home, fails to submit timely and accurate information on the Medicaid Provider Enrollment Agreement form. (l) If the licensee submits notice of termination of the Medicaid Provider Enrollment Agreement, the licensee must comply with the following requirements: (A) Simultaneously issue the Department's Notice of Involuntary Move or Transfer of Resident form (SDS 901) to each resident eligible for Medicaid services in the licensee's adult foster home (See OAR ). (B) Update Residency Agreement and submit to the local licensing authority for review. (C) Obtain signatures of all current residents, or the resident's representative on the updated Residency Agreement following the local licensing authority's review. (m) If either the licensee or the Department terminates a Medicaid Provider Enrollment Agreement, a new Medicaid Provider Enrollment Agreement shall not be approved by the local licensing authority for a period of not less than 180 days from the date the licensee or the Department terminated the Medicaid Provider Enrollment Agreement. (n) DEATH OF RESIDENT ELIGIBLE FOR MEDICAID SERVICES WITH NO SURVIVING SPOUSE. The licensee must forward all personal incidental funds (PIF) to the Estate Administration Unit, P. O. Box 14021, Salem, Oregon , within 10 business days of the death of a resident eligible for Medicaid services with no surviving spouse. (See Limits on Estate Claims, OAR ). Page 26

27 (2) RESIDENCY AGREEMENT. A licensee must enter into a written Agreement with all residents or the residents' representatives, which details the care and services to be provided, and the rate to be charged. The written Agreement must be signed by all parties before the admission of the resident. A copy of the Agreement is subject to review for compliance with these rules by the local licensing authority before licensure and before the implementation of any changes to the Agreement. (a) The Agreement must include, but not be limited to: (A) Services to be provided and the rate to be charged. For individuals receiving Medicaid, the Residency Agreement may state the rate will be "as authorized by the Department". A payment range may not be used unless the Agreement plainly states when an increase in rate may be expected based on a resident's increased care or service needs. (B) Conditions under which the rates may be changed. (C) The home's refund policies in instances of a resident's hospitalization, temporary absence, death, transfer to another care setting, and voluntary or involuntary move. The refund policies must be in compliance with section (3) of this rule. For consumers, the Agreement must: (i) Disclose refund policies for partial months and indicate if the room and board is refundable. (ii) Be consistent with the rules for Payment Limitations in Home and Community-Based Services in OAR chapter 411, division 027. (D) A statement indicating the resident is not liable for damages considered normal wear and tear on the adult foster home and the adult foster home's contents. (b) The Agreement must disclose the home s policies regarding: (A) Moves, including: Page 27

28 (i) Voluntary moves and whether or not the licensee requires written notification of a non-medicaid resident's intent to not return. (ii) Involuntary moves and the resident's rights according to OAR (12) and (13). (B) Any charges for storage of belongings that remain in the adult foster home for more than 15 calendar days after the resident has left the home. (C) Any policies the adult foster home may have on the use of alcohol, tobacco, intercoms, and audio monitors. (D) Smoking in compliance with OAR (E) Animals. Restrictions may not apply to animals that provide assistance or perform tasks for the benefit of a person with a disability. Such animals are often referred to as service animals, assistance animals, support animals, therapy animals, companion animals, or emotional support animals. (F) The presence and use of legal medical and recreational marijuana on the premises. (G) Schedule of meal times with no more than a 14-hour span between the evening meal and the following morning's meal (See OAR ). (H) Whether the home serves individuals eligible for Medicaid services. (I) Refunds for residents eligible for Medicaid services, including pro-rating partial months and if the room and board is refundable. (J) A clear and precise statement of any limitation to the implementation of Advance Directives on the basis of conscience. This rule does not apply to medical professional or Page 28

29 hospice orders for administration of medications. The statement must include: (i) A description of conscientious objections as they apply to all occupants of the adult foster home. (ii) The legal authority permitting such objections under ORS to (iii) Description of the range of medical conditions or procedures affected by the conscientious objection. (c) The Agreement also must: (A) Not conflict with the Resident's Rights, the family atmosphere of the home, or any of these rules. (B) Be reviewed by the local licensing authority to determine compliance with these rules before the issuance of a license, and before implementing any changes. (d) The Agreement must include the freedoms authorized by 42 CFR (c)(4) & 42 CFR (a)(1), which must not be limited without the informed, written consent of the resident or the resident's legal representative, and for consumers, approval by the personcentered service plan coordinator. These include the right to be free from restraints according to the Resident s Bill of Rights, and the right to: (A) Freedom and support to access food at any time; (B) Have visitors of the resident's choosing at any time; (C) Have a lockable door in the resident's bedroom, which may be locked by the resident; (D) Choose a roommate when sharing a bedroom; (E) Furnish and decorate the resident's bedroom according to the Residency Agreement; Page 29

30 (F) Have freedom and support to control the resident's schedule and activities; and (G) Privacy in the resident's bedroom. (e) Providers initially licensed before January 1, 2016 have until June 30, 2019 to fully comply with subsection (2)(d) of this section. (f) The licensee may not impose additional fees on consumers, such as finder s fees or non-compete fees. (g) The licensee may not charge or ask for application fees or nonrefundable deposits. Fees to hold a bed are permissible. (h) The licensee must give a copy of the signed Agreement to the resident or the resident's representative and must retain the original signed Agreement and any amendments on the premises available for review. (i) The licensee may not include any illegal or unenforceable provision in an Agreement with a resident and may not ask or require a resident to waive any of the resident's rights or licensee's liability for negligence. (j) The use of any monitoring equipment may not be a condition of admission. (k) The licensee must give written notice to a non-medicaid resident and the resident's family or other representatives 30 calendar days before any general rate increases, additions, or other modifications of the rates. The licensee is not required to give 30 day written notice if the rate change is due to the resident's increased care or service needs and the agreed upon rate schedule in the resident's Agreement has specified charges for those changes. (3) REFUNDS FOR NON-MEDICAID RESIDENTS. Page 30